Document Type : Research Article
Authors
1 Ph.D. Student, Department of Criminal Law and Criminology, Islamic Higher Education Complex, Al-Mustafa Al-Alamiya University, Qom, Iran.
2 1. Associate Professor, Department of Criminal Law and Criminology,University of Qom; Director of Law, Islamic Humanities Higher Education Complex, Al-Mustafa International University, Qom, Iran
3 2. Associate Professor, Faculty Member of the Department of Fiqh and Legal Issues, Research Institute for Islamic Sciences and Culture, Qom, Iran
Abstract
The criminal liability of the state, as an independent legal entity, is a novel and challenging issue in criminal law and Islamic jurisprudence that has not yet been fully recognized in domestic and international legal systems. Using a descriptive-analytical method, this study examines the foundations and challenges of attributing criminal responsibility to the state from the perspective of Islamic jurisprudence. The findings indicate that, within the framework of Islamic law, principles and doctrines such as justice, equality before the law, the rule of “lā yubṭalu ḥaqqu imri’in muslim”, and the preservation of public interest provide sufficient theoretical grounds for recognizing the criminal liability of the state as an independent legal person. These jurisprudential foundations, in addition to protecting citizens’ rights and freedoms, emphasize the necessity of holding governmental institutions accountable for harmful and criminal conduct, and may provide a legitimate basis for attributing criminal acts to the legal personality of the state. Nevertheless, significant challenges remain, including disagreements regarding the nature of the state’s legal personality, the possibility of attributing will and criminal intent to a legal entity, and the manner in which criminal acts may be imputed to the state independently of its officials and agents.
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